his not being Privy to any Plot or knowing the particulars is no Contradiction to what he said This is that he hath produced for his Defence and by these things he hath endeavoured to take off the Credit of our Witnesses and he would have you believe that he is a very good Protestant though he does that which no Protestant would do and which is the Papists work he hath produced you Witnesses that he has gone to Church but I do not see he hath produced any Witnesses at all that are now Conversant with him his own Parishoners in London but if he had brought never so many Witnesses of his going to Church and of his Conformableness to the Church yet if he were Guilty of these practices he must give me leave to suspect the Truth of his Profession and I think it a great piece of arrogance for him to take upon him the Title of a Protestant when he hath abused that Title by such unsuitable practices And Gentlemen if such practices as these are which we have fully proved are such as all good men must abhor I cannot but reflect upon the condition of this man whose only hopes is that you should now forget your selves and become as ill as he is But as that cannot be presumed so I shall not need to say any more to you you are men of that consideration that can judge between things and the appearances of them and know very well how to give the due weight to the Evidence we have given to you as well as the Objections made by the Prisoner and so Gentlemen I shall leave it to you Mr. Serjeant Jeffries May it please your Lordship and you Gentlemen of the Jury It hath been a long time that hath been spent in the course of this Evidence whether there has been any Art or Design in protracting the time on purpose to obtrude upon the patience of the Court or that you Gentlemen should forget the force of the Evidence that hath been given against the Prisoner at the Bar when there hath been so much time taken up unnecessarily when there was no occasion as I must needs say there was not for such a tedious Defence I leave It to you to determine But that which was truly intimated by the Court at the beginning of the Tryal must in the end of this Cause be Repeated and indeed go through it all that we of the Kings Councel and what the Prisoner has affirmed that has not been given in proof signifying nothing and is not to be any guide at all to you You are upon your Oaths and by the Oath you have taken you are bound in Conscience to give a Verdict according to the Evidence that has been given to you and that is your guide so that what we opened and have not proved is no more to be believed then what the Prisoner has said for himself in his own Defence and whatsoever he says if he make not good proof of it is no more to be regarded then what we who are for the King have alledged and not made out So then this being in the first place premised I shall take care as near as I can to save the time of the Court and not to Trespass on your Patience Gentlemen unnecessarily in a Case whereupon as great a concern does depend as perhaps ever came to Tryal at any Bar For I say 't is a Case wherein the Life and the Liberty of the King is concerned and that is the great concern of the Nation the Religion of the Nation is concerned I would be understood aright I mean the Protestant Religion established by Law for I know of no other Religion men ought to Sacrifice their Lives and Fortunes for but the Protestant Religion established by Law and when these thing are concerned 't is a Case of great consequence God forbid any person Protestant or other should attempt the Life of the King and the Subversion of our Religion and by Stiling themselves by the Name of Protestants should excuse themselves from any such Crimes For the Evidence that has been given I shall not enumerate the Particulars against the Prisoner at the Bar other then such as have been omitted If I mistake not by Mr. Sollicitor In the first place there are the things that hapened at Oxon for you have had it already sufficiently told you by my Lords the Judges who are upon the Bench and who under Mr. Colledges favour are the Prisoners Judges in point of Law as you are his Judges in point of Fact They have I say already told you what the Law is in Relation to Treasons that in Case the Treason be in two Counties if the Witnesses speak to the self same Treason though to different Facts that will be two Witnesses to prove High-Treason and that there hath been such a Case the the Prisoner at the Bar who he says is a Protestant for his own Souls sake I wish he were a good one must take notice that Gavan the great Priest who was Tryed at Newgate and Convicted by what Evidence By one of them that is a Witness now against the Prisoner at the Bar that is Dugdale his Treason was committed part in London part in the Country of which part Dugdale gave Evidence but being both to the self same purpose by the greater part of the Judges who were in the Commission and present at the Tryal they were reckoned a sufficient Testimony to prove him Guilty of High Treason And I hope we do not live to that Age that any Protestant whatsoever should come to trip up the Heels of the Popish-Plot by saying that any of them who suffered for it did die contrary to Law or without sufficient proof For if Mr. Dugdale was not a person fit to be believed or if the rest of the Judges who Tryed Gavan were out in the Law then that man died wrongfully for he had as much right to have been Tryed according to the Law as any other person whatsoever Therefore Gentlemen as to that matter we must submit it to my Lords the Judges who are to give you an Account what the Law is in all particulars before you but as to the Fact whereof You are Judges that is the great matter we shall apply our selves to and for that it stands thus Here is Dugdale that does give you an Accompt what his Design was in coming to Oxford how he came to be armed as an Index Gentleman of his mind And pray give me leave to put you in mind of one thing You have first a Libel produced and read to you a pretended Letter wherein there are Quaeries that have been taken notice of and which seem to back the Evidence given by Mr. Masters for there is a Vindication in those Queries of the proceedings of that Parliament of 41. which he has confidence enough now at the Barr to justifie too But Gentlemen you were told by the Court and you know it That that
Colledge 2 years or thereabouts I have been several times in Mr. Colledges Company and truly somtimes he hath been mightily bent against Popery he hath at somtimes uttered himself because the King did not prosecute the Papists according as he thought sufficiently that the King was a Papist himself that he was as deep in the Plot as any Papist of them all that he had an hand in Sr. Edmondbury Godfry's Death This Mr. Colledge I appeal to your self whether you have not said it And in this Town of Oxford you have several times told me that nothing was to be expected from him he would do nothing Mr. Just Levinz Who did tell you so Mr. Dugdale Mr. Colledge did tell me that there was nothing to be expected from the King but the introduceing of Popery and Arbitrary Government this I believe Mr. Colledge will acknowledge to be True Colledge Where was this spoken Mr. Dugdale This was spoken at a Coffee-House called Combes Coffee-House in this Town and at the Angel-Inn in this Town at a Barbers shop that day the King went out of Town we were in the the same Shop Colledge Who was there besides Mr. Serj. Jefferies Do not interrupt our Witnesses let us have done with him and you shall have your time to ask him Questions after L. C. J. For your Instruction I will tell you your time is not yet come if you chop in and interrupt the Witnesses you will disturb any man living but your way is this when he hath delivired his Testimony ask him any Questions then and he shall be bound to Answer you and in the mean time you shall have Pen Ink and Paper to help your memory Mr. Dugdale That day the King went out of Town presently after he went you and I went into the Angel-Inn and we went into the Barbers-shop that is just within the Inn and being charging your Pistols there you said Rowley was gone the Rogue was afraid of himself he was shirked away and here I appeal to your own Conscience whether you did not speak it Collidge I know nothing of it Mr. Att. Gen. Don't appeal to him 't is nothing for that Mr. Sol. Gen. Who did he mean by Rowley Mr. Dugdale The King Mr. Serj. Holloway Was that his common Application for the King Mr. Dugdale It was his Common word concerning the King And at other times speaking that the King did not do those things that were fair he hath given mighty great words against him He hath told me that there was no trust to be put in him for it was the People we must trust to and we must look to Arm our selves and that he would Arm himself and be here at Oxford and he told me here in the Town accordingly when I came out of the Country and he said that he had several stout men that would stand by him in it Their Intention was as he said for the rooting out of Popery by which name he alway termed the Church that is now Established by Law as to be of the same nature the Papists were This I believe Mr. Colledge will acknowledge Mr. Att. Gen. Well go on Sir Mr. Dugdale And at a time when he had Dr. Tongue at his House he told me that as for Dr. Tongue he had much a do with him and he had been at a great Charge to keep him in order that he was forced to neglect his own business to look after him for if he had not done so the Rogue as he said had a mind to fling all upon the Protestants that is the Dissenters for he does not Count the Church of England to be so that he had much a doe to keep him in order for he had said he had drawn Papers to that Purpose but those Papers are secured for where they are I can't tell Mr. Att. Gen. Who were they that were to be with him in that Design of his Mr. Dugdale He told me Captain Chinton Captain Browne and one Dr. Lewes and he brought them into Town here when he came with him Mr. Att. Gen. To what purpose did he bring them Mr. Dugdale Expecting there would be a rising Mr. Jones Did he tell you that here Mr. Dugdale Yes the Friday I think it was after the Parliament first sat Mr. Jones How did he express himself what they had to do Mr. Dugdale They were to be here in Case there were any rising which he expected Mr. Jones What use did he say he would make of them Mr. Dugdale For the defence of the Protestant Religion against the King and all his Adherents Mr. Jones What did he say he would do to the King I would not lead you Mr. Dugdale He did not say what particularly Mr. Jones What did he say if the King did not yield to the Parliament Mr. Dugdale If the King did not yield to the Parliament he should be forced to it Mr. Jones Where did you hear him say that Mr. Dugdale At Oxford Mr. Serj. Holloway Did you hear him declare this at London Mr. Dugdale He did say at London he expected there would be some thing done at Oxford and that he would go thither with his Horse and Arms and those Gentlemen I named before would go with him And he said let them begin when they would he did not care how soon his Party was the greatest Party Mr. Attor Gen. What was that Capt. Brown did you know him Mr. Dugdale Yes I knew him very well he did much frequent Mr. College's company he was in the late Army against the King Mr. Serj. Jefferies Did you see him have any Pistol Mr. Dugdale Yes I have seen him carry Pistols about him Mr. Serj. Jefferies Where in his Pocket Mr. Dugdale I saw them in the House Mr. Serj. Jefferies At Oxford Mr. Dugdale Yes Mr. Serj. Holloway Did you see them in his hand Mr. Dugdale I cannot tell that he had them in the House I saw them there Mr. Serj. Holloway Did you see him in his Silk Armour about the Parliament-House the Lobby or any place Mr. Dugdale I cannot say that Mr. Attor Gen. What did you know of his delivering any Marks or Signs for Persons to be distinguished by Mr. Dugdale I had as much Ribband from him as came to 40 s. with no Popery no Slavery wrought in it and he gave it me to distribute among my Friends in the Country that they might be known by other Persons that would wear the same Mr. Jones Where had you it Mr. Dugdale At London from Mr. Colledge Mr. Jones Where was it to be distributed Mr. Dugdale Among those that I knew to be Dissenters in the Country Mr. Jones Were you to come to Oxford by agreement with Mr. Colledge Mr. Dugdale I promised him to come to Oxford and did so Mr. Attor Gen. Well go on What more do you know Mr. Dugdale At London I was once at a Coffee House with Mr. Colledge and with some of the Members of the House of Commons it
he was to have been a Witness against Sir Miles Stapleton and he pretended that he was Suborned by Sir Miles or some of his friends Colledge What are you Sir Mr. Bolron what is Mr. Shirland Mr. Bolron He is a man that lives by his Shifts He hath been whip'd in Bridewel Colledge Do you know him Sir What is he Mr. Bolron Even an idle man Shirland You once when you saw me drew your Sword on me because I would not do as you would have me Mr. Bolron I profess my Lord 't is not so Att. Gen. Here is Mr. Smith hear what he says against Mr. Bolron Mr. Smith As we were coming up along he was speaking to me of Colledge and told me he had as much to say against him as any body and if I would speak for him he would evidence against Sir John Brookes for a discourse at Ferry-bridge Mr. Bolron I never did hear any such thing Mr. Smith No man in your own Country will believe you Colledge They believed you no more it seems neither L. C. J. Do you call any more Witnesses Gentlemen Mr. Serj. Jefferies No I think we need not L. C. J. Look you Mr. Colledge as I understand it the Kings Counsel will produce no more Witnesses You may make what Observations you will upon the Evidence to the Court and then must them make what Observations they will to the Court and then we will give the Charge to the Jury Colledge My Lord I have onely Innocence to plead I have no Flourishes to set off my defence I cannot take the Jury nor the Court with an Oratory I am unhappy in those things But my Lord I do declare as to my own particular in the presence of God Almighty That as to whatsoever is sworn against me as to the seizing his Majesty providing Arms or having any designe either at Oxford or London or any other place in the world to seize upon the person of the King or to rebel against the Government established I vow to God Almighty I never had such a thought in me 't is a truth my Lord. My Lord they have sworn desperately against me and it hath appeared I think by very credible persons that they have contradicted one another It hath been proved that this was a designe that they were tampered withal that they complained they were in poverty that they wanted maintenance and they did confess they were tempted to come over to swear against Protestants and now the Lord knows they have closed with it and they begin with me I hope the Jury have taken notice that I have contradicted them sufficiently in what they have sworn and that it is not possible if I had a grain of sence for me to discover my self to be such an one to Haynes that was an Irish-man and should speak all the Treason that he hath galloped through at first sight that as soon as ever I saw him that I should speak so to him I hope you will consider whether it consists with common Reason when there could be no probability of making any use of him in the world My Lord all my Witnesses that I have brought your Lordship can and I hope will sum them up better than I can for I declare it I have been so concern'd that I have not been able to write half of it down But I think there is never a man that hath sworn against me but hath been sufficiently confuted by persons of integrity and honesty men of Principles and men of Religion they are such my Lord that make Conscience of what they say they are persons altogether unknown to me most of them as to what they had to say it was what they offered voluntarily and I am certain they have had nothing but their bare Charges if they had that for their pains in coming hither and my Lord there is no probability that they should come and attest any thing that is false for me who am a stranger for nothing No man is a Knave for nothing as I believe these men are not My Lord I do declare it I was bred a Protestant and have lived so I am so to this very day I have been a lover of the Church of England and of all the fundamental points of Doctrine believed in it I own the same God the same Saviour the same Gospel and the same Faith I never had a prejudice against any man in the Church in my life but such as have made it their business to promote the interest of the Papists and such I must beg leave to say there are amongst them for there is no Society in the world without some bad men and these do promote the interest of the Papists by dividing the Protestants and allowing none to be true Protestants but those that are within the Church of England established by Law which is a Notion so wide I could never close with that I never had a prejudice against any man but a Knave in my life I have heard I confess some of the Dissenters and I have found very honest just pious godly men among them men free from Oaths and all Debauchery men that make a Conscience of what they say not like some persons that say they are of the Church of England that carry themselves in their lives and actions so as that no credit can be gained to the Church by them My Lord I have been an hearty man against the Papists I have been an hearty man as any person of my condition for Parliaments which I look upon to be my Birth-right and under God Almighty the Bulwark of our Liberty and I am sorry if any man should be an instrument to create a misunderstanding betwixt the King and the Parliament for I always thought I served my Country when I served the Parliament and I served my King when I served my Country I never made any difference between them because I thought them both one I had the honour to be entrusted by them before and upon that account I came voluntarily down hither I rid my own Horse I spent my own Money and eat my own Bread I was not beholding to any man for the value of six pence all the while I was here My Lord I have ever since the Plot hath been discovered endeavoured with all my heart and all my power to detect and come at the very bottom of it I have spared for no time nor pains what lay fairly in my way in every thing to encourage those that discovered the Villanies of the Popish Plot against the life of the King and for the subversion of the Religion and Government established by Law Now certainly it is not strange to the world for I think all Christendom is aware how plain the Popish Plot hath been proved These men that swear against me were they that used to follow me sometimes they would say It was they that had come to save our lives and yet we let them want Bread That
Commotion which no man knows what end it would have had Gentlemen this hath been our proof Now the Objection made to this proof by Mr. Colledge is That this is a Popish design to raise a new Plot and cast it upon the Protestants and that these Witnesses are now to deny all the Evidence they have given of the Popish Plot and throw all upon the Protestants This is that he would perswade you to believe but which I think when you do consider a little of it it will be impossible for you in the least to have such a thought For what are the Evidence that have â—â—â—ved this who are they Men of Credit that have been Evidences against the Popish Plotters and against men that have suffered for that Plot men that still stand to the Evidence they have given and affirm it every word to be true and one of the very men that he brought says that they still stand to it for Turbervile who was one of the Witnesses against my Lord Stafford was tempted by some persons to deny the Evidence he had given against the Papists but his answer was no I can never depart from it I have a soul to save that was true which I said I cannot deny it It then the Witnesses which he would have you believe to be guilty of denying the Popish Plott do confirm what they have said as to that discovery that objection is taken off and they doe stand still to if that every part of it was true and aver the same thing and yet forsooth these men are going about to stifle this Plot. Gentlemen these are the men the whole Nation have given credit to the Parliament having impeached my Lord Stafford upon the credit of them for it was upon the credit of Dugdale and Turbervile that they impeached him for there was not two Witnesses till Turbervile came in and made a Second and upon their credit after so solemn a Tryal where all the Objections that could possibly be made were made the House of Lords thought fit to find my Lord Stafford Guilty and my Lord Stafford suffered for it and dyed upon the credit of these men These are the Witnesses Gentlemen that this man thinks ought to be blown off with that frivolous Objection that they are Persons he would have you believe who are Guilty of a design to throw the Plot upon the Protestants But because he hath desired to save himself in an Herd by numbring himself amongst the Protestants I must a little observe to you what a sort of Protestant he is a man he would have you to believe so popular for his Religion that he hath obtained the name of the Protestant Joyner But when you have considered what his Actions are I believe you will a little suspect his Religion If the Protestant Religion allow any man to vilifie the King to Arraign the Government and to throw off all manner of allegiance then this man is a Protestant but if this be to act the part of a Papist and if the Papists could wish that such an infamy might be put upon the Protestant Religion that it should justifie such a Rebellion as the late horrid one was and own such a Principle that it is lawful for any Subject to asperse and vilifie the King as this man by those many and scurrilous Libels seems to do If they could wish this Nation overturned and the Government in confusion and the Church of England destroyed the Best Bulwark now in the world against Popery and the best or only refuge at this day left for the poor afflicted Protestants abroad Then whilest Mr. Colledge does thus act the part of a Papist he does very ill to call himself a Protestant Gentlemen I cannot but observe one thing to you and it was the Evidence of Dr. Oates when he did first discover the Plot and without his Evidence you would easily believe the thing He told you there were two ways they had to accomplish their design by direct murdering of the King or if that failed by putting all things into confusion here and raising Rebellion and disturbance amongst us and the way to affect that Rebellion it was by having Emissaries sent among us to work us into a dislike of the Church and by that means into a Rebellion against the State That some men were sent abroad for that purpose to preach at Conventicles some whereof were catched and some did suffer Now without this Evidence it would not be hard to believe that such there are and have been for all that know the History of our Reformation do know that it was an early practice among them to raise Sects amongst us to bring confusion first into the Church and then in the State And we have already found the sad effects of it Now Gentlemen if Colledge have all this while under the name of a Protestant acted the part of a Papist though I cannot say he is a Papist nor that he is one of those Emissaries yet I may say he is not that good Protestant he pretends to be Gentlemen I must now to do him right come to repeat the Evidence that he hath given against our Witnesses for Mr. Haynes he hath produced several Witnesses one is Mr. Hickman who says he overheard Haynes say to one that was his Tenant that it was his trade to swear and he must get money by it This he overheard him standing and listning at a door You have another man Lun that is the next Witness and he says that at the Fleet-ditch where he saw him there he declared the same thing to him that he would swear any thing for money and dam his soul rather than the Catholick Cause should sink and now He comes to prove a Plot upon him that is a Protestant and in his person upon all the Protestants of England and this man would fain throw off the credit of the Popish Plot and turn it upon the Protestants But Gentlemen it is strange that Mr. Haynes should have this discourse with Lun the first time that ever he saw him for I am sure his own Witness Lun says it was the first time and that he should immediately talk to him at this rate is somewhat strange But for an Answer to it this Lun we have confronted with the Evidence of White the Messenger who swears that afterwards meeting him at Vxbridge Lun asked him what Gentleman that was and did not know Mr. Haynes and yet he takes upon him to prove that he had spoke such words to him before I think there is never another material Witness against Haynes except Whaley who was an under-Officer in the Kings-Bench and he says that Haynes while he was a Prisoner there ran away with a silver Tankard but he never was indicted or prosecuted for it tho' he remained afterwards in the House and this was 5 or 6 years ago Now Gentlemen I think the nature of this Evidence hath not that weight as to take off
came to London the 27th These are Circumstances Gentlemen that you must weigh and you may bring the North and the South together as soon as their two Testimonies they are so far asunder Besides Gentlemen I hope you take notice of a person that was sworn a person of some quality a Scholar in the University here that says Balron though he denied it did shew him one of these Pictures and did discover they were Mr. Colledges and Balron himself his own Witness tells you that he did acknowledge one of those Pictures was his It appears then how busie he was and concerned himself in what belonged not to his Profession So that upon the whole matter after this long Evidence that hath been given I must wholly appeal to your Lordship and the Jury as to the Law to your Lordship and the Court and as to the Fact to the Jury for I do not desire any sort of Evidence should be strained against a Prisoner at the Bar who is there to be tryed for his Life God forbid if he be Innocent but he should be acquitted but on the other side consider the Murder of that great King of ever blessed memory is before you and remember that base reflection which the Witnesses tell you of upon that horrid Action and as a great Evidence remember that seeming Vindication of it at the Bar which certainly no English man no Protestant according to the Church of England can hear without having his Bloud stirred in him And these things are not only testified by Dugdale and Smith but by Gentlemen of known reputation and quality and he hath a little discover'd himself by that defence he hath made against their Testimony But know Gentlemen that the King is concerned your Religion is concerned that Plot that is so much agreed to by all Pretestants is concerned for if Dugdale Smith and Turbervile be not to be believed you trip up the heels of all the Evidence and discovery of that Plot. Then I will conclude to you Gentlemen and appeal to your Consciences for according to the Oath that has been given to you you are bound in your Consciences to go according to your Evidence and are neither to be inveigled by us beyond our proof nor to be guided by your Commiseration to the Prisoner at the Bar against the proof for as God will call you to an account if you do an injury to him so will the same God call you to account if you do it to your King to your Religion and to your own Souls L. Ch. Justice Gentlemen I shall detain you but a little and shall be as short as I can for your patience has been much exercised already It is a burden and a necessary one that lies upon us all for there is nothing more necessary than that such Tryals as these should be intire and publick intire for the dispatch of them and publick for the satisfaction of the World that it may appear no man receives his Condemnation without Evidence and that no man is acquitted against Evidence Gentlemen there are these two Considerations in all Cases of this nature the one is the force of the Evidence the other is the truth of the Evidence As to the force of the Evidence that is a point in Law that belongs to the Court and wherein the Court is to direct you as to the truth of the Evidence that is a question in Fact arising from the Witnesses and must be left upon them whereof you are the proper Judges As to the force of the Evidence in this Case it must be consider'd what the Charge is it is the compassing the death of the King and conspiring to seize the Person of the King which is the same thing in effect for even by the Common Law or upon the interpretation of the Statute of the 25th of Edw. 3. that mentions compassing the death of the King to be Treason it hath always been resolved That whosoever shall imagine to depose the King or imprison the King are guilty of imagining the death of the King for they are things that depend one upon another and never was any King deposed or imprisoned but with an intention to be put to death they are in consequences the same thing Now Gentlemen in Cases of Treason the Law is so tender of the Life of the King that the very Imagination of the heart is Treason if there be any thought concerning any such thing but then it must be manifested by some Overt-act upon the Statute of the 25th of Edw. 3. but upon the Statute of the 13th of this King made for the preservation of the King's person if it be manifested by malicious and advised speaking 't is sufficient This is as to the Charge and as to the Law concerning that Charge I must tell you there must be two Witnesses in the Case Now then for the force of the Evidence the question will arise there whether this Evidence admitting it to be true is sufficient to maintain the Indictment so that if there be two Witnesses you must find him Guilty Now as to this Gentlemen the Prisoner has before-hand called upon the Court and had their resolution and I hope you will remember what hath been said and I shall have occasion to trouble you the less There have been six Witnesses produced for the King there are two of them Sir William Jennings and Mr. Masters that are some way applicable to the Case though they do not go to the Treason they are only to inferr the probability of the Treason This of Sir William Jennings was upon the occasion of the bleeding of the Prisoners Nose after his quarrel with Fitz-Gerald when he said He had lost the first bloud and it would not be long e're there would be more lost which shews there were some extraordinary thoughts in his heart concerning some divisions quarrels and fighting that he expected should be That which Mr. Masters has said besides what he offered concerning his Principles in justifying the Long Parliament was this that when he called him Colonel Marry mock not said he I may be a Colonel in time that shews some extraordinary thoughts were in his heart Colledge Will not that bear a more favourable interpretation my Lord Must that necessarily follow upon my saying I might be a Colonel in time and that more bloud would be lost if I had expressed it so L. Ch. Justice I say you had some extraordinary thoughts in your heart Colledge I am sure the fittest to explain my own thoughts L. Ch. Justice You would have done well to have explained it which way you expected to be a Colonel Colledge It was not an expectation for a may be may not be my word was mocking is catching I thought he had called me Cozen. L. Ch. Justice Well Gentlemen these are Witnesses I say that go not to the Treason but only relate and reflect somewhat to shew there were thoughts in his heart but no body could